The China Hustle | |
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Directed by | Jed Rothstein |
Written by | Jed Rothstein |
Produced by | Alex Gibney Mark Cuban |
Narrated by | Dan David |
Distributed by | Magnolia Pictures |
Release date |
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Running time | 82 minutes |
Country | United States |
Language | English |
The China Hustle is a 2017 financial documentary film produced by Magnolia Pictures and directed by Jed Rothstein. [1] It reveals systematic and formulaic decades-long securities fraud by Chinese companies listed on the US stock market. [2] [3] [4]
Many of the film's protagonists such as Dan David and Jon Carnes are activist shareholders and due diligence professionals who discovered the frauds, including fabricated accounting and brazen misrepresentations, and subsequently shorted the stock in order to bring about the collapse of the entities which often led to class action lawsuits, NASDAQ delistment, and SEC deregistration. [5] [6] [7]
After the financial crisis of 2007–2008, as investment firms in the United States look for ways to improve clients' investment performance while earning money for themselves, they chance upon the idea of selling opportunities to unsuspecting Americans who want to get rich by participating in the "China growth story" but do not know much about the country or its companies. [8] They do so by getting small nondescript Chinese companies (like Orient Paper and Advanced Battery Technologies (ABAT)) to do reverse mergers with defunct American companies (like Buffalo Mining) and thus get listed in the NYSE overnight. [9] The hype that accompanies this is aided by paid guest appearances by the likes of Bill Clinton and Henry Kissinger at so called "investment conferences" organized by B-level investment firms (Roth Capital is one such firm featured in the documentary), thus adding a garb of respectability and reliability. [10] The stocks of these companies see spikes, investment firms goad their investors into buying them, siphoning off brokerages on the way. When the prices of these stocks crash to their real value, unsuspecting savers are left holding large amounts of worthless stock in their 401(k)s. [11]
The documentary investigates the collusion that occurred from 2008 to 2016 between second and third-tier US-based Wall Street investment firms such as Roth Capital Partners [12] and small companies based in China. Most of the companies featured in the film were listed in NYSE through reverse mergers. [13] The film reveals that the actual revenues of Chinese firms (reflected in their filings with Chinese government entities) were typically one-tenth of what was filed with the SEC. [14] Subsequent to investigations, most of the firms were de-listed from the NYSE, resulting in losses of billions of dollars to US investors. [15]
Information on the frauds was published in Chinese newspapers in 2010, including the online edition of Sina, but American investors were unaware of these as the articles were mostly in Chinese. [16] Subsequently, the small research and investment firm Muddy Waters published translations of the Sina reports, but they did not receive much attention. [17]
The film concludes with a closing sequence that highlights the continued lack of regulatory oversight in Chinese securities fraud. Out of approximately 400 Chinese companies, only one CEO went to jail for fraudulent reverse mergers. The film also suggests that Alibaba Group's and other existing Chinese firms' claims of high growth rates might be just as fraudulent.
The documentary features interviews with investment bankers, whistleblowers like Dan David, who, after reading reports by the due diligence firm Muddy Waters Research, decided to short many hyped up penny stocks based in China. [18] It also features interviews with journalists from Wall Street Journal and New York Times , Mitchell Nussbaum, the lawyer from Loeb & Loeb who represented the Chinese firms featured in the film, the investment banker who sold shares and issued "buy" recommendations on these stocks to his clients, retired U.S. Army General Wesley Clark, who was chairman of Rodman & Renshaw, another firm selling these stocks, and Paul Gills (a professor at Peking University). [19] The documentary shows the issues that crop up when large accounting firms like KPMG and Price Waterhouse Coopers sign off audit reports done by their affiliates in China, which may not have completely been verified, but is the system that is followed by all large accounting firms across the world. [20]
The film premiered in 2017 at the Toronto Film Fest and was released on DVD and shown at the International Finance Centre in Hong Kong in April 2018. [21]
Rotten Tomatoes gives the film rating of 74% based on reviews from 27 critics. [22] [23]
Forbes contributor Mark Hughes named it the "most important film of 2018" and described it as "a briskly paced, easy to understand, humanizing look at what is being called one of the biggest financial frauds in history." [24] [25]
Richard Whittaker of The Austin Chronicle rated it 3.5/5 and wrote: "The China Hustle culminates as a jaw-dropping examination of the willing blindness of investors, of how easily duped the business class is by a few parties, a few drinks, a couple of meet-and-greets with aging rock stars and aging politicos (no moment is more disturbing than retired general turned board-member-for-hire Wesley Clark, doing his best Sergeant Schultz "I know nothing!" routine). It's also an examination of a clash of business cultures – the gung-ho superficiality of the U.S., the dedication to opacity of China (as the saying goes, in clear water there is no fish) – and the depressing reality that the people making money out of all this are doing more to fix this system than the entities supposedly charged with oversight." [26]
Michael O'Sullivan of The Washington Post called it "a mildly engrossing if wonky exercise in what could be called a kind of selfish activism." [27]
Ben Kenigsberg of the New York Times wrote that "with a rapidly paced barrage of talking heads and TV clips," "a documentary may simply be the wrong delivery mechanism for a byzantine exposé that cries out for detailed news reporting." [28]
Barron's described it as a "must-see for scam fans" and wrote that it was worth seeing "for its reminder that the frauds were mostly exposed by hedge fund researchers who shorted the stocks and then blew the whistle." [29]
Scott Tobias of Variety wrote: "The China Hustle” occasionally slides into the issue-doc template of talking heads and power-points, but it excels at drawing bar-stool anecdotes from financial rogues like David, ex-Bond employee Matthew Wiechert, and Carson Block, who runs a short-selling operation called Muddy Waters Research. There may not be anyone in Washington or on Wall Street willing to listen, but they relish telling their stories all the same." [30]
A stock market, equity market, or share market is the aggregation of buyers and sellers of stocks, which represent ownership claims on businesses; these may include securities listed on a public stock exchange as well as stock that is only traded privately, such as shares of private companies that are sold to investors through equity crowdfunding platforms. Investments are usually made with an investment strategy in mind.
Pump and dump (P&D) is a form of securities fraud that involves artificially inflating the price of an owned stock through false and misleading positive statements (pump), in order to sell the cheaply purchased stock at a higher price (dump). Once the operators of the scheme "dump" (sell) their overvalued shares, the price falls and investors lose their money. This is most common with small-cap cryptocurrencies and very small corporations/companies, i.e. "microcaps".
National Stock Exchange of India Limited (NSE) is one of the leading stock exchanges in India, based in Mumbai. NSE is under the ownership of various financial institutions such as banks and insurance companies. It is the world's largest derivatives exchange by number of contracts traded for the fifth consecutive year and the third largest in cash equities by number of trades for the calendar year 2023 It is the 7th largest stock exchange in the world by total market capitalization, exceeding $5 trillion on May 23, 2024.
Penny stocks are common shares of small public companies that trade for less than five dollars per share. The U.S. Securities and Exchange Commission (SEC) uses the term "Penny stock" to refer to a security, a financial instrument which represents a given financial value, issued by small public companies that trade at less than $5 per share. Penny stocks are priced over-the-counter, rather than on the trading floor. The term "penny stock" refers to shares that, prior to the SEC's classification, traded for "pennies on the dollar". In 1934, when the United States government passed the Securities Exchange Act to regulate any and all transactions of securities between parties which are "not the original issuer", the SEC at the time disclosed that equity securities which trade for less than $5 per share could not be listed on any national stock exchange or index.
In business, a boiler room is an outbound call center selling questionable investments by telephone. It usually refers to a room where salespeople work using unfair, dishonest sales tactics, sometimes selling penny stocks or private placements or committing outright stock fraud. A common boiler room tactic is the use of falsified and bolstered information in combination with verified company-released information. The term is pejorative: it is often used to imply high-pressure sales tactics and, sometimes, poor working conditions.
A reverse takeover (RTO), reverse merger, or reverse IPO is the acquisition of a public company by a private company so that the private company can bypass the lengthy and complex process of going public. Sometimes, conversely, the public company is bought by the private company through an asset swap and share issue. The transaction typically requires reorganization of capitalization of the acquiring company.
Securities fraud, also known as stock fraud and investment fraud, is a deceptive practice in the stock or commodities markets that induces investors to make purchase or sale decisions on the basis of false information. The setups are generally made to result in monetary gain for the deceivers, and generally result in unfair monetary losses for the investors. They are generally violating securities laws.
Foreign exchange fraud is any trading scheme used to defraud traders by convincing them that they can expect to gain a high profit by trading in the foreign exchange market. Currency trading became a common form of fraud in early 2008, according to Michael Dunn of the U.S. Commodity Futures Trading Commission.
Microcap stock fraud is a form of securities fraud involving stocks of "microcap" companies, generally defined in the United States as those with a market capitalization of under $250 million. Its prevalence has been estimated to run into the billions of dollars a year. Many microcap stocks are penny stocks, which the SEC defines as a security that trades at less than $5 per share, is not listed on a national exchange, and fails to meet other specific criteria.
Stansberry Research is a privately owned American publishing company founded by Frank Porter Stansberry. The company is headquartered in Baltimore, Maryland, with additional offices in Florida, Oregon, and California. The company specializes in investment research with an information services product line consisting primarily of monthly and bi-monthly advisory newsletters written by a variety of financial editors. Topics include natural resource, power, oil and mining company investments, as well as health care and biotechnology. Value, corporate bond and alternative investing are also featured. The company claims its newsletter has subscribers in over one hundred countries.
Andrew Edward Left is an activist short seller, author and editor of the online investment newsletter Citron Research, formerly StockLemon.com. Under the name Citron Research, Left publishes reports on firms that he claims are overvalued or are engaged in fraud. Left is known for advising investors on short selling and has often appeared on various media outlets such as CNBC and Bloomberg to talk about his opinions on stocks. In 2017, Left was called 'The Bounty Hunter of Wall Street' by The New York Times.
Link Motion Inc, formerly NetQin and NQ Mobile, is a multinational technology company that develops, licenses, supports and sells software and services that focus on the smart ride business. Link Motion sells carputers for car businesses, consumer ride sharing services, as well as legacy mobile security, productivity and other related applications. Link Motion maintains dual headquarters in Dallas, Texas, United States and Beijing, China. A Court Receiver, lawyer Robert Seiden, was appointed over Link Motion in February 2019 in the United States in the federal district court in the Southern District of New York by Judge Victor Marrero. The Receiver removed Wenyong “Vincent” Shi as chairman and chief executive officer, and replaced him by appointing Mr. Lilin “Francis” Guo.
Muddy Waters Research LLC is an American privately held due diligence based investment firm that conducts investigative research on public companies while also taking investment positions that reflect their research. It has exposed accounting problems and fraud at several companies, primarily in China but also in other countries in Asia, Europe and North America.
Carson Block is an American investor and the founder of Muddy Waters Research. He is known for documenting and alleging fraudulent accounting practices in publicly traded Chinese companies.
Louis Tung Jung Hsieh is a Chinese businessman and lawyer and the global chief financial officer (CFO) and director of Hesai Group, a company supplying three-dimensional light detection and ranging (LiDAR) solutions. Hsieh joined Hesai as CFO in April 2021 and became a director in June 2021. He helped take the company public on Nasdaq in February 2023, with an initial public offering (IPO) that was oversubscribed by approximately 20 times.
Dan David is an American investor, activist short-seller and whistle-blower. He is the founder of New York-based Wolfpack Research, a financial research and due diligence investigation firm that was started in 2019 with support from short-seller Muddy Waters Research. In the fall of 2017, David and his work as a whistle-blower and China expert were the focus of the documentary film The China Hustle, which depicts how fraudulent Chinese companies stole billions of dollars from U.S. investors and retirees. In 2018, David was the Republican candidate for congress in Pennsylvania's 4th Congressional District, which includes Montgomery and Berks counties. He hosts of the "I Hung Up On Warren Buffett" podcast.
Chinese reverse mergers within the United States are accountable for 85% of all foreign reverse mergers in the early 21st century. A reverse merger, also known as a reverse takeover, is where a private company acquires a publicly traded firm or "shell company" that has essentially zero value on a registered stock exchange.
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Hindenburg Research LLC is a U.S. investment research firm with a focus on activist short-selling founded by Nathan Anderson in 2017. Named after the 1937 Hindenburg disaster, which they characterize as a human-made avoidable disaster, the firm generates public reports via its website that allege corporate fraud and malfeasance. Companies that have been the subjects of their reports include Super Micro Computer, Adani Group, Nikola, Clover Health, Block, Inc., Kandi, and Lordstown Motors. These reports also feature defenses of the practice of short-selling and explanations of how short-sells can "play a critical role in exposing fraud and protecting investors."
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